Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Succession arises or not

(Querist) 27 August 2014 This query is : Resolved 
Dear members,


(1)If GRAND FATHER got 'X' properties through PARTITION from the GREAT GRAND FATHER and 'Y' properties through GIFT from his uncle.
(2)After this if FATHER got 'Z' properties i.e(some part of 'X'+some part of 'Y' properties of GRAND FATHER in the above) through PARTITION from the GRAND FATHER and 'Z1' properties i.e(some part of 'X'+some part of 'Y' properties of GRAND FATHER in the above) through WILL from the GRAND FATHER

Now my query is whether the CHILDREN (i.e FATHER'S CHILDREN in the above) get right on the FATHER'S property by BIRTH or NOT from the above??????
M V Gupta (Expert) 27 August 2014
Any property acquired either in partition or under will is regarded as self acquired property. Hence children do not get right by birth. This right is available only if the property is HUF property.
Kumar Doab (Expert) 27 August 2014
Agreed with expert Mr. M.V. Gupta.
Dr J C Vashista (Expert) 28 August 2014
I agree with the experts.
malipeddi jaggarao (Expert) 28 August 2014
Well advised.
Rajendra K Goyal (Expert) 28 August 2014
Well advised, agree with the expert.
Laxmi Kant Joshi (Expert) 28 August 2014
Agree with the expert .
kumar (Querist) 28 August 2014
Thank you sir
Raj Kumar Makkad (Expert) 28 August 2014
I somehow differ with the opinion of expert Gupta. some properties definitely gt the status of ancestral and the children have got inheridatory rights in those properties.
kumar (Querist) 29 August 2014
Please explain in detail raj kumar makkad sir
T. Kalaiselvan, Advocate (Expert) 31 August 2014
As per the contents of your query, no property falls in the definition of ancestral property hence the grand children do not get a right for a share in any property by birth.
Raj Kumar Makkad (Expert) 31 August 2014
Partition of the ancestral property had taken place once and thereafter their has not been change in its status and as such the same becomes ancestral property after attaining the gap of 3 generations.
M V Gupta (Expert) 01 September 2014
Dear Shri Makkad,
A careful reading of the query indicates that Father of the querist got the properties in partition and under will of his GF. Hence the properties got by the father are his self acquisitions. (Hope u agree with the basic proposition that properties acquired in partition and under will are self acquired.)


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :